(a) In any instance that a purchase of commodities or printing by the purchasing agent is required under the provisions of any other ordinance to be made upon competitive bids and the quality and service of some or all bidders being equal, such purchase shall be made from a vendor resident in West Virginia, if such bid does not exceed the lowest qualified bid from a nonresident vendor by more than two and one-half percent (2-1/2%) of the latter bid, and if such resident vendor has made a written claim for such preference at the time the bid was submitted.
(b) For the purpose of considering the amount of a bid by a resident vendor, the amount of business and occupation taxes which must be paid by the resident vendor to the City as a result of being awarded the contract which is the object of the bid, shall be excluded, provided that prior to soliciting any such competitive bids, the Council may, by majority vote of all of its members in a public meeting where all such votes shall be recorded, elect not to exclude from the bid the amount of business and occupation taxes, then for purposes of that bid, the amount of business and occupation taxes which must be paid to the City shall not be excluded therefrom.
(c) A vendor shall be deemed to be a resident of this State if such vendor is an individual, partnership, association or corporation in good standing under the laws of the State of West Virginia, who:
(1) Is a resident of the State or a foreign corporation authorized to transact business in the State;
(2) Maintains an office in the State;
(3) Has paid personal property taxes pursuant to Article 5, Chapter 11 of the West Virginia Code on equipment used in the regular course of supplying services for the general type offered; and
(4) Has paid business and occupational taxes pursuant to Article 13, Chapter 11 of the West Virginia Code. In addition, in a case of a vendor selling tangible personal property, a resident vendor is one who has a stock of materials held in West Virginia for sale in the ordinary course of business which stock is of the general type offered and which is reasonably sufficient in quantity to meet the ordinary requirements of customers.
(d) If any requirement or provisions set forth in this section jeopardizes the receipt of Federal or State funds, then such requirement or provision shall be void and of no force and effect for that specific project.
(Passed 1-9-92.)